Appellate & Litigation Support

The lawyers in Cosgrave’s appellate practice group have briefed and argued hundreds of civil and administrative appeals before the Oregon and Washington courts of appeal and supreme courts, the U.S. Court of Appeals for the Ninth Circuit, and the United States Supreme Court.  We don’t just handle our own firm’s appeals.  Lawyers in other firms often ask us to handle their appeals.

Our group includes former appellate court law clerks and fellows in the invitation-only American Academy of Appellate Lawyers.  In 2017, we earned a top-tier ranking for Appellate Practice in the Metro edition of U.S. News – Best Lawyers® “Best Law Firms.”

Our practice extends beyond traditional appellate work.  We also help lawyers in our firm and other firms prepare for trial, including drafting trial briefs, motions, and jury instructions.

Appellate Services

Like a good trial lawyer, a good appellate lawyer has a particular skill set, which includes familiarity with the rules and conventions that are peculiar to the appellate courts.  It also includes the ability to identify and develop the arguments that are most likely to persuade appellate judges.

Our appellate services include:

  • Reviewing the trial court record
  • Identifying appeal-worthy issues
  • Evaluating the merits of a potential appeal
  • Participating in appellate mediation
  • Developing a strategy for an appeal
  • Writing appellate briefs, including amicus briefs
  • Presenting oral argument

Our appellate practice group has tackled complex statutory, contract, and constitutional issues in all areas of civil practice – from personal injury to business litigation, insurance coverage to professional liability, construction defects to civil rights, and more.  We’ve constructed novel, cutting edge legal theories, many of which have been accepted by the appellate courts.  For a list of representative appeals we’ve handled, see below.

Litigation Support Services

Cosgrave’s appellate practitioners are known for their substantive and procedural knowledge as well as their analytical and writing skills.  That’s why our clients and trial attorneys (from our firm and other firms) frequently ask us to assist in trial court proceedings.

Over the years, our group has drafted and argued hundreds of trial court motions and has assisted in dozens of trials.

Our litigation support services include:

  • Analyzing complex legal issues
  • Consulting on litigation strategy
  • Drafting and arguing dispositive motions
  • Drafting and arguing trial submissions, including trial memoranda, jury instructions, motions in limine, verdict forms, and motions for directed verdict
  • Drafting and arguing post-trial motions, including motions for new trial
  • Participating in trial to ensure that a proper trial court record is made and that specific issues are properly preserved for appeal.

Representative Cases

Oregon Supreme Court

Oregon Court of Appeals

Ninth Circuit Court of Appeals

Washington Supreme Court

Washington Court of Appeals

  • Pederson v. Allied Credit Companies
  • Sepulveda-Esquaril v. Central Machine Works

Affiliations

American Academy of Appellate Lawyers
Defense Research Institute
Federal Bar Association
Federation of Defense & Corporate Counsel
Litigation Counsel of America
Oregon Association of Defense Counsel
Oregon State Bar Appellate Section
Owen M. Panner American Inn of Court
U.S. District Court of Oregon Historical Society